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DIVISION 4. GENERAL PROVISIONS 3274-9566›PART 1. RELIEF 3274-3428›TITLE 3. SPECIFIC AND PREVENTIVE RELIEF 3366-3424›CHAPTER 2. Specific Relief 3375-3415›ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395.]

§ 3391

California Civil Code · 2020-11 edition · updated 2026-10-04 · California

Specific performance cannot be enforced against a party to a contract in any of the following cases:

  1. If he has not received an adequate consideration for the contract;

  2. If it is not, as to him, just and reasonable;

  3. If his assent was obtained by the misrepresentation, concealment, circumvention, or unfair practices of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled; or;

  4. If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for, and the contract specifically enforced in other respects, if proper to be so enforced.

(Enacted 1872.)

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California Civil Code

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